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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K.V.JAYAKUMAR, JJ
Union Of India – Appellant
Versus
M.sivakumar S/o.p.manickam – Respondent
JUDGMENT :
(K.V. JAYAKUMAR, J.)
This judgment shall dispose of six original cases. The short question involved in this batch of OP(CAT)s is that, whether AC Technicians/AC Coach Attendants are entitled to overtime allowance for the duties performed by them in excess of 96 hours in a fortnight?.
2. Facts necessary for disposal of these OP(CAT)s in brief are enumerated hereunder:
The respondents/applicants are AC Technicians/AC Coach Attendants of Southern Railway. The Tribunal was approached seeking a declaration that, they are entitled for overtime allowance for the duties performed by them in excess of 96 hours in a fortnight. The applicants are required to perform duty at 48 hours per week and 96 hours for two weeks. Over and above 96 hours of work, in a fortnight, the respondents/applicants are entitled for overtime allowance as provided under the Rules. However, in view of the Modified Roster issued by the 7th respondent/Senior Divisional Electrical Engineer, which was implemented only in Trivandrum division, the AC staff will have to work 48 hours per week and 96 hours in two weeks and instead of overtime allowance, they would get Compensatory Rest for extra works of duty performe
Employees classified as 'Continuous' are entitled to overtime allowance for hours worked beyond the stipulated rostered hours, as per Rule 10 of the Railway Servants Rules.
A railway employee is entitled to overtime only if actual hours worked exceed legal limits defined by statutory rules.
Compensatory allowances cannot be excluded from calculating overtime wages under section 59(2) of the Factories Act, as executive directives cannot alter statutory provisions.
Special Allowance cannot be a part of the component of “ordinary rate of wages”, as it is a separate allowance, which is not given to all workmen, but only given to a certain category of workmen, hav....
The judgment established the pre-existing right of employees to overtime wages under statutory provisions and recognized the jurisdiction of the Labour Court to adjudicate disputes over such entitlem....
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